to the Lady Loise married into the house of Roch-sur-you the Countie of Montpensier and landes of Combrailles which in so doing he rected into a Dutchy meete for the heires of the sayde Lady who at this day do beare the same name of Bourbon and are extract out of the second principall braunch of this house which we left of aboue vntill we had ended the first braunch of the elder And now to returne to the sayde Sir Charles in him dyed the ligne male of the principall stock of the house of Bourbon As for his two Sisters the one called Claude was wife to good Duke Antony of Lorrain whose stocke yet remaineth The other Loise was maried into the other principall braunch of Bourbon who hath left issue of the name of this house 13 Now let vs take the seconde braunch the first chiefe partition of this race which is the stocke of the latter yonger borne and yet remaineth to this day in the roume of the eldest and beareth the Name and full armes thereof as remayning alone after the default and ending of the elder Concerning y â— males this ligne beginneth againe in Iames of Bourbon the yonger Sonne of Lewes first Duke of Bourbon of whom we haue spoken before This Iames was Constable of FraÌ„ce after Charles of Spaine who flew Charles King of Nauarre in the time of King Iohn He had to wife Iehane of Saint Paule and was and so named himself Earle of Marche Of him came one onely sonne named Iohn who succeeded hym and married Catherin Countesse of Vendosme and Castres who brought into this house those two Counties togither with the landes of Carcuecy Lupe Conde Espernon MoÌ„doubleau and others Of these two issued three children Male Iames Lewes and Iohn also three daughters Anne wife to y e Duke of Bauiere Charlot maried to the King of Ciprus and Mary to Robert of the Crosses who tooke his saide wife by force and therfore fled and it was said he was drowned In his tyme hee gouerned King Charles the seuenth Now to retourne to the issue male Iames had to his protion the Counties of March and Castres Lewes the CouÌ„tie of Vendosme As for Iohn he had the Lordship of Carcuecy and maried a gossip of his called Margaret a Vandosmois by whom hee had some Children and got a dispensation to haue her to Wife notwithstanding the said children were not aduowed into this famely neither succeded in his goods but by sentence were declared illegitimate and which is more the said Iohn of Bourbon the Father in his Testament willed great giftes and substitutions to the behoofe of his other two sonnes Iames Lewes in whose persons he planted him selfe and raised the first after bough and vnder twigge of this second principall branch 14 This Iames of Bourbon eldest sonne to Iohn liued in the time of Charles the sixt and had two wiues the first Beatrix of Nauarre the yoÌ„ger daughter of the house of Nauarre which was the first alliaÌ„ce of those two houses They two had issue a daughter named Leonor After the decease of the saide Beatrix the said Iames of Bourbon allyed him selfe by marriage as it is pretended with Iane Queene of Naples who had before as the speech went promised marriage to the King of Arragon and deceiued them both So as the sayde Iames of Bourbon beeing gone into the Realme of Naples was in the ende forced to leaue the sayd Iane and to retire into Fraunce where after his returne he still bare the title and name of King of Naples notwithstanding the sayd Iane had afterward giuen it to others and finally deceased leauing for his onely heire the sayd Leonor his Daughter who succeeded him in the sayd Counties of Marche and Castres She maried Bernard of Armanack Earle of Pardiar a yonger sonne of the house of Armanack These two had issue two sonnes Iohn Bishop of Castres and Iames who succâ—eded in the sayd Counties of his father mother and besides in the right of his sayd mother Beatrix of Nauarre layd claime to the land of Nemours which he procured to be erected into a Dutchy tooke possession thereof and enioyed it He married the Daughter of Charles of Anieow Earle of Mayn and of Isabell of Luxembourg his wife This Iames of Armanack at the beginning was in fauour but afterward fall into suspition with Lewes the eleuenth and was executed at the Halles in Paris the 24. of August 1147. he left fower Children two Sonnes and two Daughters Iames Duke of Nemours and Lewes Earle of Guyze the two Daughters Margaret Charlot married into the house of Rohan who deceased without issue of their bodies so as in them failed this vnder twigg both male and female 15 Now remaineth to bee spoken of the ligne of Lewes brother to Iames. He for his part had the Countie of Vendosme and was taken at the battell of Agincourt in the tyme of Charles y e sixt He maried first Lady Iane of Roussy secondly Lady Iane of Lauall of whom discended one only sonne called Iohn of Bourbon who maried Lady Isabell of Beaumount of these two were borne two sonnes the one called Francis the other Lewes They had also sixe Daughters Iane wife to the Lord of Ioyâ—use the scond Iane first maried to Iohn Duke of Bourbon who was of the line of the elder of this house and secoÌ„dly to Iohn of the Tower Earle of Bologne of whome is issued Lady Katherine of Medecis Queene mother to the king Kitherin wife to Sir Gilbert of Chabaues in Limosin Charlot maried to Gilbert of Cleue of whoÌ„ came the last Lord Duke of Neuers Rene Abbesse of Fronteuout Isabell Abesse of Caen as for the two Sonnes Francis the Eldest succeeded in the Countie of Vendosme Mondoublean Espernon and other Lands houlden of that famely wherto was added the Lordshippe of Saint Calais Lewes the yonger was made Lord of Rochsur-yan and of the landes of Lupe and Conde in Henault 16 Now because concerning the question now to be delt in wee are to argue of the succession of the elder we will seeke out the farthest and will first speake of the Branche of Lewes the yonger sonne Prince of Roch suryen He maried Loise of bourbon who was of the elder liue and sister to Sir Charles of Bâ—urboun the last Of this mariage proceeded two Sonnes and a Daughter the elder sonne was Lewes who died but lately bearing the title of Duke of MontpeÌ„sier by the coÌ„position made in the time of the late Francis the first after the decease of Sir Charles of Bourbon Hee left one heire Male named Francis of Bourbon nowe Duke of Montpensier and sundrie daughters This Francis hath of his mariage with the daughter of the Marquize of Mezieres one onely sonne called Henry Prince of Dombes The other sonne of Lewes Prince of Roch-sur-you and of Lady Loyse of Bourbon was Prince of Roch sur-you who died within these fewe yeres without issue Wee must now then
the same spoken of To conclude therefore I will now coÌ„tent my self with warning euery one to mark and consider the meanes which such alwaies as haue gotten the vpper hand of a Lordship whereto they had no other right but habilitie haue houlden and then I hope they will thincke that the gouernment of a naturall Prince is gracious louing and fauourable in respect of y e mistrustfull suspicious and tyrannous straunger vnto whom not onely the deedes and wordes but also the gesture behauiour yea the goodes and welth of his Citizens are suspected because he feareth his owne shadowe Remember the auncient Fable of the Pigeons who when they had elected the Ringdoue to rule them were soone wearie of her courteous and gentle gouernment which they termed soft and delicate and in her roume chose the Kite who in liew of wel entreating of theÌ„ did eate beate and dayly teare some one among them in sunder with her beake and wings whereat these miserable fooles being offended could haue bene coÌ„tent to haue returned vnder the yoke of their first election but the Kites tyrannie could neuer brooke it whose successors do yet to this day practize their roine vpon them Once it fell out that the Frenchmen through wicked counsaile in liew and place of their naturall Prince whom they bare somewhat heauy were suborned to elect one Giles a Romaine of whom they were soone wearie after they had casted what it was to liue vnder one whose humour and birth did not agree with his subiects and it fell our well for them that their King was of power sufficient to resume them againe into his protection The ende of the third part ⧠THE CONTENTS OF THE FOVRTH part of this Booke 1 The authorities of Doctors for the preferment of the Neuewe before the Vnckle 2 Examples of the preferment of the Neuewe before the Vnckle 3 Reasons in law for the Neuew against the Vnkle The Neuewe succeedeth in the eldership of his father in proper person as being substituted to his late father 4 The right of eldership is transmissible perfect wanting but execution 5 The right of eldership is legall or custumary 6 The Lord Cardinall of Bourbons acknowledgemeÌ„t in the fauour of his neuew the K. of Nauarres mariage 7 Answere to the examples of the Vnckle alleadged against the neuewe 8 Answer to the Vnkles reasons against the neuewe Substitutions and continuatioÌ„ froÌ„ the father to the sonne in collaterall ligne by Iustinian 9 Successiou once roored in a ligne neuer departeth the same vntill it be finished or worne out 10 The order of Tutorship and the succession of free borne Libertines is vnlike 11 The Kings youth neuer debarreth theÌ„ from the Crowne The opening of the saying that personall right is not transmissible 12 Successions made by ciuill lawe and custome confessing the right of eldership are farre vnlike THE FOVRTH PART OF the Cath. Apologie IN the fourth Obiection the King of Nauarres aduersaries doe oppose against him the Lord Cardinall of Bourbon his Vncle as neerer by one degrée and nowe by the decease of the late Anthonie of Bourbon Father to the sayd Lorde King of Nauarre the eldest of the house of Bourbon 1 This question is one of the most tossed of all others and can not be decided by the arrestes of the Salicke Lawe that wee haue in these words De terra verò Salica in mulierem nulla portio haereditatis transit sed hoc virilis sexus acquirit hoc est filij in ipsa haereditate succedunt sed vbi inter nepotes pronepotes post longum tempus de Allode terrae contentio suscitatur non per stirpes sed per capita diuidantur But the decision hereof we must séeke in the Commentaries of our Doctors which Accurtius Odofrede Pope Innocent the fourth Durand Ric. de Malumbris Iohn Andrew Alberick de Rosatis Barth Balde Paule de Casiro Angel Aret. Martin de Lande Iohn Faber Pet. de Ancar Barbat Felin Ausrerius Wil. Benedict Cassanee Lewes Bolognine Matth. de Afflictis Andreas Sicul. Abbas Panormitanus Bartholomeus Sosinus Iason Alciatus Tiraquel Lewes Charond Choppinus and many other haue concluded in fauour of the Neuewe against the Vncle who termeth himselfe eldest by his brothers decease either indirect or collaterall lyne in successions indeuided as Realmes Empires Duchies CouÌ„ties and Marquisates Yea Decius imitating Socinus doth write that amoÌ„g the Interpreters of Ciuill Canon law hi qui pondere numero mensura praeualent haue alwayes consulted and determined against the Vnkle so that by the authoritie of so many skilfull persons the sayd Lorde King of Nauarre hath the better cause of the Cardinall his Vnkle Secondly the foreiudgements must be alledged for the decision of this controuersie Balde hoâ—ldeth that euermore it hath so bene obserued and decided in all contradictorie iudgements of France and England And Paul maketh mention of the Spanish law in this respect solemnly sworne vnto by the states of the same lande in deede we reade goodly examples both of these and many others 2 First in France for the same house of Bourbon in the time of Lewes the Fat king of France about the yeere 1110. Hanno had expulsed his Neuewe Arcembault a young child sonne to his elder brother pretending that the Lordship perteined to him as being entred into the Lawe of the eldership by the decease of his elder brother But the French Nobility forced the vnkle to giue place to the Neuew whom they substituted in the roume and place of his brother reseruing to Hanno onely some portion of the goods as to one of the Children of the same house An other example we haue in the posteritie of Henry the second K. of England who had three sonnes Richard Cordelion Secondly Geffrey who had maried Constance the Heyre of Brittaine and dyed in his Fathers time leauing his Wife great of Arthure afterward Duke of Britaine and Iohn surnamed without land Soone after the fathers death dyed Richard also without issue whereupon Phil. Augustus King of Fraunce who raigned about the yere 1141. adiudged the Dutchy of Normandy with other the Landes that the said Richard held in Fraunce vnto Arthure sonne to Gâ—ffrey his elder brother but afterward the sayde Iohn made peace with Augustus through the mariage of his sonne Lewes vnto Blanch. Neece to the sayd Iohn by his Sister wife to the King of Castile togither with some Lands that the saide Iohn habandoned to the sayd Phillip So that Arthure still prosecuting his right was slaine by his vnkle Iohn wherevpon the King of Fraunce tooke occasion for that fellony to confiscate all those landes as hauing alwayes fauoured and aucthorised the cause of the sayd Arthur The third iudgement passed in the tyme of Charles the Fayre King of Fraunce about the yeere 1331. for the Earle of Flaunders for Lewes of Neuers was by the Peeres of the Realme declared Earle of Flaunders and preferred before his
auncient or mightie soeuer as beeing aboue 1200. yeeres since vnder one forme and with one kind of lawes it was gouerned vnder the maiestie and authoritie of Kings of whom this last race hath continewed 600. yeres But among the chiefest and most perfect ordinances of this Crowne that is most commendable whereby the realme doth by succession belong by vertue of the Salick law to the next Male of the deceased King discending of the Masculine ligne For in trueth our Kings knowing that those of their owne blood are to succeede them haue the greater cause to keepe housband and preserue the estate and demains of their Realme as their owne and certaine Patrimonie besides that the successors of the Crowne that are nourished and brought vp in this greatnesse doe neuer become tyrants because euen from their mothers wombes they are vsed to command and ordinarily doe become the better more iust valeant hardy and couragious by representing to their owne view the greatnesse commendation and maiestie of their predecessors On the otherside the subiects of the Realme that haue sâ—â—e the birth nourishing and bringing vp of their Princes do the better know their humors and willes and doe more freely obey such as are borne to rule their estate theÌ„ others that are newly elected whom they remember to haue knowen in the like calling as them selues without either preeminence authoritie or gouernment so as there is nothing so perfect as that which neerest doth imitate nature and which seemeth to be altogether immortall aud infinite by Succession from the Father to the Sonne Besides that thereby the Kings subiects howe wealthy or mightie so euer doe conteine themselues in duetie humilitie and obedience to their soueraigne Prince when they remember that so long as any of the royall blood doe suruiue the same be capaple to attaine to that marke and that purposing to attempt any bad matter against the Estate and person of the King there remaine as many reuengers of the iniurie offered to his Maiestie as there be Princes of his bloud Herevpon doe I presume y t in our France wherein this royall succession hath time out of minde bene strictly obserued it was neuer found neither doe we reade that the French men did at any time enterprize or practize aught against the person of their King whether in respect of that naturall affection that alwaies they haue borne him and whereof they beare the bell among all other Nations in Europe or els because God neuer permitted the royall bloud of Fraunce to rest onely in one whereby the presumpteous conspirators might after the trespasse committed escape without punishment This royall succession therefore resting without doubt or coÌ„tradiction in this Realme the subiects thereof doe well knowe euen naturally and presumptiuely who is most likely to become their King so as now to call in question this succession is the only direct way to cause the King y t holdeth the Scepter ouer vs to think and with himselfe to imagine that in his Realme there are some who for the satisfying of their ambitioÌ„ could willingly wish to haue his place and for the same purpose do harken after his ende But sith the bolde impudencie of men is so great that they blush not neither are ashamed to disclose themselues to giue all men to vnderstande of their bad entents besides that necessarily the Commune must bee satisfied who otherwise might sooner beleeue the false then the true before wee proceede any further in aunswering the chiefe poynts of the Lybelles that they scatter abroade to the end to say that after the decease of the most Christian King without issue male it is not the nowe King of Nauarre but his Vnckle the Lord Cardinall of Bourbon that lawfully should be King or the better to expresse their entents that it is neither the one ne the other but that they must proceede to a newe election and nomination of a Prince I will here protest that I neuer desire to see the aduenture of that substitution which they pretende but hartely doe wish to the King my soueraigne Lorde a most long and happie life with as great number of issue capable of this Crowne as there be Starres in the Firmament 9 After which protestation to come to the purpose and succession of the house of FraÌ„ce I will first speake to those y t are not brought vp in the state of this Realme but onely haue learned of their Fathers that the Famely of Bourvon hath the honor to be issued from our Kinges therefore that the Princes thereof may succeede when God shall permit to the Crowne by the Lawe of succession of the realme Turning my selfe then to these commons I say that it is well knowen that King Lawes the ninth canonized and called saint Lewes had two sonnes the elder Phillip the bould of whome are come our Kings yet raigning who also had two sonnes the eldest Phillip the fayer who succeeded him and after him his three sonnes Lewes Phil. the long Charles the fayer the yoÌ„ger Charles County of Valois who begat Phillip of Valois who succeeded in the Realme after his Cousen Charles the fayer After Phillip succeeded his soune Iohn after him Charles the fifth called the wise sonne to Iohn This Charles had two sonnes the eldest Charles the sixth King of Fraunce vnto whome succeeded Charles the seuenth Lewes the eleuenth and Charles the eight his sonne petie sonne and petie Neuew The yonger Lewes Duke of Orleance who by Lady Valentine of Millan had two sonnes Charles the elder father to Lewes the twelfth King of France after his Cousen Charles the eight was deceased without issue and Iohn Earle of Angoulesme who was Father of Charles also Earle of the same lande and Grandfather to king Francis the first who succeeded his cossen Lewes the twelfth of which King Francis came Henrie his second sonne and father to Henry now raigning Hetherto therefore the branch of Phillip the bould eldest Sonne to Saint Lewes neuer failed so must that fable needes be false which the enimies of the house of BourboÌ„ haue sought to root in mens mindes namely that the discontentation of the late King FraÌ„cis the first against Charles of Bourbon that dyed at Rome was for his pretence to the Crowne of France which since haue continued in al the Princes of this house and from whence should be deriued the troubles and Ciuill Warres of this realme during the minoritie of the Kings Francis the second and Charles the ninth brothers to the King nowe raigning A matter vtterly false and falsely inueÌ„ted to the ende more and more to bring into the hatred of the people the Princes of Bourbon who neuer accompted more deerely of any thing or had greater delight in ought then to acknowledge obey and faithfully serue the Maiesties of our Kings as their true and souereigne Lordes hauing the honor so neerely to be to them allyed that they are of the same House and Armes without
friuolous causes and of no importaÌ„ce whose sentence neuerthelesse was confirmed and againe published by Innocent the fourth successor to the sayd Gregorie and after by Boniface the eight inserted into his sixt booke of Decretals in which place he vseth these wordes of the Scripture Quodcúnque ligaueris c. as an authoritie wherein to ground the execution of his will Bald also and Iohn Andrew very Catholicke Glozers doe confesse that in deede he seemed rather a partie then a Iudge Niâ—holas the 3. who followed soone after seeking to take the whole gouernement of the Towne from all but the Pope forbad y t neither King Duke Earle or Marquize should be established or accept the authoritie of Senator or Gouernour therein declaring that the Iurisdiction thereof belonged priuatly to the holy Sea before all other not in respect of Constantines donation but through these wordes In omnem terram exiuit sonus eorum and such other which hee interpreteth as hee thincketh good Which in effect are the very reasons whereupon Boniface the eight excommunicated King Phillip the Faire of France and gaue his Realme for a praye to the first that could seaze vpon it as we reade in his constitution in deede extrauagant in the which he exempteth neither Emperour nor King from his subiection euen in Temporall causes as he saith Also by vertue of that great power Clement the fifth disanulled the sentence giuen by the Emperour Henry the seauenth of LuxeÌ„bourg against Robert King of Sicille after hee had procured the proysoning of the same Emperour by a Muncke in ministring to him the Eucharist Which Balde confesseth to haue bene a presumpteous and wrongfull deede Finally by those Tragedies that Iohn the 22. Benedict the 12. and Clement the 6. stirred vp throughout Christiandome against the Emperour Lewes of Bauiere as also in our daies Alexander the sixt and Iulius the second did no lesse neither had any other ground We may see the causes whereby the Popes do pretend authoritie to depose Kings subuert Realmes and giue them in pray to whomsoeuer they thinke good True it is that such of them as haue most dissembled haue euer exeÌ„pted the Realm of FraÌ„ce Innocent the third writing to the Prelates and French Nobilitie for Iohn without land King of England declareth that he will enterprize nothing against the Maiestie of the French King But Hostiensis who knewe the Storie doth in this place write that the Protestation was contrary to the effect because the sayd Innocent went about to hinder King Phillip Auguste from vsing his feudall right ouer the Dutches of Normandie Guyenne and other the Lands holden by the English and falleÌ„ into the lapse through the murder committed vpon Arthur his elder brothers sonne In an other decretal Epistle the same Pope confesseth that the French King in Temporall causes and gouernment of his Realme acknowledgeth no superiour Clement the fifth in his extrauagant for appeasing King Phillip the Faire who was stirred vp by the insolencie of Boniface the eight disanulled reuoked his declarations against the Realme of France and aduowed the same not to be subiect to his Sea by vertue of the sayd constitution The same Pope also protested that the power which his Officers vsed against the said Kings subiects during his being in the Realm was by the permission of the sayd Lord King as appeareth by the protestation the same time enrouled in the Court of ParliameÌ„t for in trueth it hath euer more bene resolued and is a cace most certaine that the King of France doth vpon earth acknowledge no superiour in whatsoeuer coÌ„cerneth the pollicie gouernement of his Crowne neither was euer subiect to the Romain Empire from the which he wrested the Gaules with the point of the sworde And although the French Kings were sometimes Emperours them selues yet did they neuer submit this Crowne to the Diadem Imperiall whereupon the Kings Atorney general would not suffer the Emperour Charles the fourth beeing in the Parliament there to make a Knight without king Charles the 5. his expresse permission As also the Emperor Charles the fifth passing through Fraunce obteyned the good will of King Frances the first to pardon sundry offenders because no other then his Maiestie hath power or authoritie ouer the temporall causes of his Realm among which is vndoubtedly the punishing of transgressions yea euen of heresie of the which wee now speake the notice and Iurisdiction whereof haue euer more bene left and with good reason belongeth to the seculer Magistrate because we ought to consider the lawe of God first in this world whereto the politicke and temporall Magistrate preseruer of the societie of men and earthly policie for the auoyding of confusion and trouble forceth euery one to obeye Secondly in the worlde to come wherein God onely iudgeth and punisheth not leauing in this worlde in respect of himselfe any Magistrate to be the auenger of the iniurie to him done in y â— transgression of his ordinances For the Priestes who are the guardians and Schoolemasters of Gods lawe are not coÌ„stituted Iudges but easie Phisitions to the soule and Gods commaundements are no such Sanctions as importe punishment but most louing doctrine and admonitious otherwise if by the sworde we should be forced to the obseruing of Gods lawe the desert were small Vppon which poynt the Apostle sayd Not that wee rulee ouer your faith but are helpers to your ioye And in an other place All Scripture is inspired froÌ„ aboue and is profitable to teach to conuince to correct and to instruct to righteousnesse Hee saith not to force or to punish Chrisostome very carefully deuideth the royall power from the ministerie of the Gospell saying that the ministerie is a function committed by God to the ende to teach without weapons also that it is no power to giue or take awaye Realmes neither to make lawes for politick gouernment Our French Bishop S. Hilarie writeth as much to the Emperour Constantius also against Auxentius Bishop of Millan And this the good Fathers learned at the mouth of the Sonne of God our Lord Iesus Christ when he sayd to his Apostles The Kings of the nations haue dominion ouer them but it shall not be so with you In an other place hee promiseth them that they shall sit with the Sonne of God wheÌ„ he shal come in Maiestie to iudge mankinde but that contrariwise so long as they remaine in y e world exercizing their Ministerie they shall bee brought before Kings and politicke Magistrates for his sake so farre shall they be from being Kings and Iudges themselues The head of the Church euen Iesus Christ fled when they sought to make him King declaring y â— his Kingdome was not of this worlde wherfore he would not be iudge among those that were at controuersie yea he submitted himself to the Kings of the earth paying vnto them the tribute which was vnto
also teacheth vs that quod alicui debetur certis modis deberi desinit among which is not to bee found the excommunicatioÌ„ of him to whom we acknowledge our selues bound for otherwise the vassal and subiect should reap benefite commoditie and discharge in the destruction and hinderance of his Lorde Besides that the excommunication tendeth not in worldly matters to impouerish the partie condemned but onely to depriue and declare hym vnworthy the fellowship of men or to be thought a member of the Church of GOD. He is also denounced such a one first to be an instruction and example to all other the faithfull when they shall consider the grauitie of the offence and thereby waie the publick slaunder arising thereof Secondly to driue the condemned to call to mind abhorre and be contrite for his offence seeing hym selfe deliuered into the handes of his mortall ennemy Satan and humbly to craue reconsiliation at the catholick Church from whence he is banished in exilio sinitimo said Alexander the Martir which wee may sufficiently learne by the auncient forme of satisfaction which the Primetiue Chnrch enioyned to the parson excommunicate that is to confesse his fault before the Priests and assembly of the faithfull in whose presence hee was reproued blamed and condemned to abyde in a certaine place without the communion aud assembly of the Church with certaine outwarde workes of a penetontiary as well in habit and behauiour as especially in his dyet in which forme he should exhibit petition and supplication both to the Priestes and to the whole coÌ„gregation to be forgiuen and vnbound from his offence whervpon the Church by the aduice of the Ministers thereof sometimes condemned hym in greate amends and so by litle and litle receiued hym againe as she thought good For at the first he was onely admitted to heare the worde of God after that he was receiued to the prayers of the Church and so consequently to the Communion of the faithfull finally by the imposition of the Priestes handes he was restored to his former estate and then was it not lawfull for any to reproch vnto him what was passed So as by this forme of excommunication and penance or satisfaction extract out of the auncient Counsailes of Ancira and Nice we may euidently iudge that it no way concerned the temporall goodes as of those that the Church hath not to dispose of neither did it importe other then the exemplary correction of the excoÌ„municated for the sâ—auÌ„der by his offence committed against the Church either els according to y e holy scripture for the subduing of the flesh whereby the soule may be saued in the day of our Lord Iesus Moreouer it seemeth that Gregorie the seauenth Innocent the third and other the high Priestes did so vnderstand it wheÌ„ in the excommunication of the Lords and of those that were conuersant and had dealings with theÌ„ they would not include their officers seruants and others who by necessitie doe owe them obedience as doe the vassalles and subiects of the Crowne who naturally and ciuilly are bound to their Kings and Princes So that the necessitie of their bondage exempteth theÌ„ by the iudgement of the Church out of the generall excommunication denouÌ„ced against all other persons that haue dealing with the excommunicated And perticulerly Innocent the third in his decretall Epistle written to the Doctors of Boulogne declareth that the debtes letters and obligatioÌ„s of excommunicated persons are not called in question neither are the debtors discharged of the same much lesse to be blamed for paying and satisfying their creditors considering that the necessitie of their obligatioÌ„s doe thereto bind them And there is no doubt but the priuate famelie and household of euery one is likewise a little Commonwealth aswell as the Commonwealth is a great famelie whereof the King that ruleth it is the father and defender so elected and ordeyned by God as father of the household among the children Innocent the third therfore exepted out of the excoÌ„munication of those that were conuersant with the condemned all such persons as by necessitie of the lawes of houshold were bounde to yeelde their due obedience which shall neuer bee more strickt great or commendable in the children of the household seruants toward the father of the household then it ought to bee in the subiects towarde their King or soueraigne Prince And effectually to shewe that the excommunication of the King dischargeth not his subiects from their vowed faith let vs call to mind the auncient examples meete and commodious for this argument The Emperour Theodosius the first was iustly excommunicated for the murder of the Inhabitants of Thessalonica His sonne Arcadius for expelling and deposing S. Iohn Chrisostome from the Church of Constantinople Zeno and Anastazius for being Eutichians Lothaire the first for his adulterie committed with Gualdrade which notwithstanding their subiects were not discharged of their bondes and oathes whereby they were to them bound against the which also they neuer made any difficultie to obeye those Emperours as their lawfull Lordes Dagobert King of Fraunce who became a Nero and after the first yeres of his quiet and Catholicke gouernement began about the yeere 637. to trouble the Churches destroye the Temples banish the Cleargie and commit an infinite number of other insolencies for the which Seuerinus Bishop of Roome did greatly reprooue him was not neuerthelesse driuen awaye by his subiects who with earnest prayer obteyned at the grace of God that this Prince repented and euer after serued God faithfully all the dayes of his life When Pope Celestin the third had excommunicated Phillip Augustus King of FraÌ„ce in y â— yere 1197. for forsaking without lawfull occasion his wife Isambergue sister to King Iohn of Denmarke his States and subiects did not neuerthelesse expell him or denye to acknowledge him to be their King and Soueraigne When Boniface the eight had cast foorth his poysoned Bull against Phillip the Faire the Nobles Prelates of the Realme assembled at Paris declâ—red that the Bishop of Rome had no authoritie so to doe When Pope Iulius the 2. excommunicated and interdicted King Lewes the 12. whome iustly wee terme father of the people the Prelates and Nobilitie assembled at Tours protested it to be lawful to coÌ„temne the said Thunderbolt the same notwithstanding did sweare to him their due faith and homage When King Henry the 2. of England was by Alexander the 3. excommunicated interdicted for banishing Thomas Archbishop of Canterbury whom after his death the Pope canonized yet was he not cast out froÌ„ his kingdome neither did his subiects with earnest affection denye him their accustomed obedience Iohn without Land King of the same Ile was neuer dispossed neither did his subiects molest him in respect of the curse that Innocent the third had denounced against him in the yere 1212. vntill he became a TyraÌ„t and extreme oppressor of the people who then beeing
to bee borne ouer vs Will wee graunt that to force that belongeth to reason In my opinion we deceiue our selues if we weene by weapons to wrest any thing from Mars especially in whatsoeuer concerneth Religion which among honest and the best men goeth nearer and is of greater efficacie then all other humaine actions So as to the contrary I doe stedfastly beleeue that wee haue the more cause to hope well of the gouernment of the said Lord King of Nauarre if it should happen For sith his enemies are forced to coÌ„fesse that of himself he is a Prince wise well taught discreete and reasonable also that our selues see him assured and by weapons in expugnable in that which from his infancie hee hath bene perswaded to bee good for him in respect of y t feare that he hath of God how great a peece of the work soeuer offereth it self to his view or whatsoeuer humaine hazard there be any apparance that he should feare in the conseruation of a mightie earthly Kingdome whereof as yet he is presumptiue heire it is an inuincible argument for vs to knowe that hee loueth and feareth God aboue all things Let vs therefore giue him a taste of our reasons sith he is so very capable to the ende we may at his hand winne that we desire and which wee ought and may spedely hope for without perticulerly hating his person without offending him without prouoking him and without encurring the wrath of God by procuring the shedding of the innocent bloud of so many thousands of our brethren and together with them the destroying of our poore Countrey As yet in troth it is too great an abuse to terme the said Lord King of Nauarre a Rebell or Traytor to the Kings Maiestie for keeping himselfe from being slayne and for opposing to his enemies the walles of those who being shadowed in their owne houses did onely withall instance and most humble petition require the King to permit them to liue in peace of conscience vnder his obedience against the which they did nâ—uer striue neither would euer had recourse vnto or craued the said Lord King of Nauarres protection whome they know neuer to haue so much loued any thing as to liue his Maiesties most humble most obedient subiect whereof wee all in our consciences are eye witnesses neither neede we any greater proofe for the iustification of him who neither doth neither euer did desire of the King his Lorde any other thing then to liue in his good fauour and to bee of him accoumpted a most humble and most obedient subiect and kinsman 3 For this cause in this action let al good Frenchmen coÌ„sider that the sayd Lord King of Nauarre is as they the Kinges good subiect a Christian one that feareth God and a louer of his Countrey so as for his sake wee neede not take armes or beate our braynes as doe some that be perswaded by the wicked counsaile of these firebrandes he is the sonne of the famely he is not a Spaniard that commeth to your walles and to y e doores of your houses he is a true Frenchman one that desireth peace and one that would obey the King his Lord in whatsoeuer lyeth in him he is a louer of the lawes of the Realme a sworne enemy to the sedicious an oppressor of the wicked and a defender of the Commonwealth Besides he hath aboue all other the French nation the honor to bee the first Prince of the bloud royal heire apparant to the Crowne in case God should cal our King without leauing any issue male of his body Let euery one therefore consider that al his enemies obiections are but meere cauillations Let the French nation iudge whether they haue not more cause or are not greatlier bound to loue and acknowledge the King of Nauarre then and other next to the Maiestrie of our soueraigne Lord the King seeing we haue chosen for our tutors gouernours and lawfull administrators the most noble and couragious famelie of the Capets to bee our Kinges of Fraunce from whence is discended in right masculine ligne on the fathers side the sayde Lord King of Nauarre as is aforesayde also that euery other way he hath thence taken his originall for his Grandmother on the fathers side was Lady Frances of Alencon daughter to Rene Duke of Alencon and sister to Charles last deceased all discended in right ligne of y e males of Charles of Valois who first tooke the name and title of Alenâ—oÌ„ and was brother to Philip of Valois King of France both sonnes to Charles of Valois brother to King Philip the Faire which two were sonnes to Philip y e Bould eldest sonne to S. Lewes and his successor in the Realm Againe the sayd King of Nauarres Grandmother by the mother was Lady Margaret of Fraunce sister to King Frances the first As for the Kings of Nauarre whom by his mother Iane of Albret daughter and heire to Henry of Albret King of Nauarre whom he hath succeeded they also are discended from father to the sonne of the house of France by the interposition of daughters capable of succession in the Realme of Nauarre for Henry Earle of Champagne and Brye by his mother Blanch King of Nâ—uarrâ— maried a daughter of Robert Earle of Arthois sonne to King Lewes the 8. of Francâ— and brother to S. Lewes of which marriage was borne Iane heire of 〈◊〉 and wife of Phillip the Faire King of France of them two came Lewes Hutin successor in the Realmes of France and Nauarre when he dyed he left a daughter Iane who after her Vnkles Phil. the Long Charles y t Faire was Queene of Nauarre she maried Phil. of Eureux sonne to Lewes of Eureux Sonne to Phillip the bould King of France and brother to Phillip the fayre Of their mariage issued among other children Charles King of Nauarre who maried the daughter of King Iohn of FraÌ„ce and of them was borne a Sonne of the same name for whose sake King Charles the sixt erected the lande of Nemours into a Dutchy At his decease hee left two Daughters of which Blanch the elder succeeded in the sayd Realme and of her and Iohn of Castile her houseband issued Eleoner wife to Gaston of Foix who seazed vpon the Succession of the realme of Nauarre and other great goods Of that mariage came Gaston of Foix that maried Magdalein of France sister to King Lewes the eleuenth who had Frances Phebus king of Nauarre after his grandmother Eleoner and Catherin who succeeded her brother Phebus shee maried with Iohn of Albret father to Henry of Albret and grandfather to Queene Iane late deceased at Paris mother to the said King of Nauarre now raigning So as it adpeareth that he is on euery side true french and issued of the bloud royall of Fraunce Let vs not therefore any longer giue eare to these sclauuders but only haue recourse to God by hartie praier that if the sayd Lorde King of Nauarre or
that Religion which with vniforme consent haue so many hundred yeres bene receiued in the Church especially considering that himself could not abide to haue his owne brought into bondage Moreouer with you ye trompets of sedition I doe agrée that then he should be no more able then now that such as would perswade him that the third part of the French are Huguenots are no good Arithmeticians also that for our preseruation in that estate wherein we now liue we neede no more but to set against him our walles I would therefore aske you what cause you should haue to feare that he would endeuour to force you to liue in any other Religion thē the same wherein he find you and your selues doe desire when in so doing he may happen to haue but euill successe and therewithall lose the loue of the whole worlde were not this as much as according to the Prouerbe to goe about to shaue an Egge 16 As also the obiection that they make namely that in the lands of Bearne and low Nauarre where he is soueraigne the Catholick Apostolick Romish Religion is not permitted is in trueth full of subteltie slaunder and enuie for hereunto he doth pertinently in my opinion aunswere that in respect of the land of Bearne it was not he that forbad it neither are his aduersaries able to proue any inhibition thereof in his name or frō him but contrariwise he assureth himselfe that it will appeare that immediatly or soone after the decease of the late Queene of Nauarre his mother his Maiestie by the Lord of Grāmont dispatched his Letters into the country of Bearne importing that his will was to restore and therein to set vp againe the exercize of the sayd Religion Vpon which commandement the States being assembled they denyed to put the same in executiō fearing such troubles and seditions as might ensue the people beeing haughtie mutinous and difficult enough to bee contented together with such small store of Catholickes in the sayde Countrey to prosecute the execution thereof if need should require What would you then haue him to doe more He did not the harme but wēt about to cure it there was none that desired to take his medicine What more can the Phisition doe to his Patient but prepare him the potion which may bee to his health and for want of the which if he lose himself is he not rather to blame his owne obstinacie then him that could not make him take his appointmēt For since that time the Estates beeing diuers tymes assembled in the sayde Countrey did nener require his Maiestie to restore the sayd Catholick Romish Religion which alwaies hee offered to doe and still so long as he liue wil if they doe require it As for lowe Nauarre the exercize of Catholicke Religion is there most free yea which is more throughout that Countrey there is no assembly of the pretended reformed Religiō but onely in two places as is most euidently knowne neither hath his Maiestie innouated any thing at his cōming throughout the sayd lands of Bearne or Nauarre But what is it meete for these feares and friuolous doubtes of a matter that neuer can come to passe to destroye this poore Realme with immortall warres and so make vs miserable before the tyme crye out before we be touched and to hasten and aduaunce the sorowes of our pretended mischiefes will you begin to crucifie and tye vs to a Caucasus for our whole life tyme or will you force vs here to begin our hell Is not the King thankes bee to God yong enough in good health and of sufficient dispositiō to see the raking both of the King of Nauarre and of the rest of the Princes of his age why thē should we mistrust the grace of God 17 As for the Protestation that the sayde Lord King of Nauarre made the yere 1584. in a Synode by the Ministers of his Religiō holden in the Towne of Montauban wherby he protested and declared that he would liue and dye therein and defend the same I wot not well why wee are so slye as for that cause to blame him or bee more vehement against him then before as in deede a number of persons too much ouerruled with vnreasonable passions haue misliked it and haue thervpon gathered some sinister iudgement of the affection of the sayd Lord King of Nauarre to the Catholickes whome most hartely I beseech with me to consider First that his protestation imported not the rooting of vs out neither together with vs the Religion of the Romish Church as the League doth him and his partakers so that his protestation is simply defensiue and could not therefore be more gentle for the which wee are rather to commend then to reproue him sith our selues are bound daily to make the like profession in the Catholicke Apostolicke Romish Church also that euery faithfull Christian is likewise bound by the Sacrament of Baptisme to make the like declaration especially Kings and Princes who ought to be mirors spectakles to their subiects yea the confession of their faith should serue for a publick example in the assemblies made for the Estate of the Church such as are y e Counsailes Sinodes and other like wherein it hath euermore bene noted that Emperours Kings and Princes thereat assistant did make profession of their faithes with protestation to defend the same Hereof wee haue for testimonie Constantine the Great in the Counsaile of Nice Theodose the Yonger in the Counsaile of Ephesus Martian in the Counsaile of Calcedon Iustinian the first in the Counsaile of Constantinople Charlemaigne in the Counsaile of Francfort with infinite other Christian and Catholicke Princes Sith therefore the King of Nauarre hath bene brought vp in that Religion which he holdeth and that the King by his Edicts permitteth the free exercize thereof throughout his Realme why should wee mislike that hee assisting at an assembly thereof protesteth to liue and dye in the defence of the same especially seing that it is no let but that when by a lawfull Counsaile either generall or nationall which the King and his Counsaile shall thincke most sufficient for that purpose we shall haue perswaded him not to bee caried awaye without reason hee may immediatly returne and protest that hee hath bene misled and that hee weareth not the sworde but for the defence of the Romish Church as now hee voweth the vpholding of his owne Moreouer I would that such as are offended at the sayd Protestation should know that the occasion that moued the sayd Lorde King of Nauarre to bee present at the sayd assembly at Montauban was not small neither of small importance to the reputation of him and his Estate for it is not vnknowne to all that his enemies had raised a speech aswell among al forraine Nations and throughout Europe as also perticulerly in this Realme that the sayde Lorde King of Nauarre had put from about his person the Ministers of his Religion that hee went to Masse to be
from whom your predecessors the Kings of Nauarre are discended was wont viz. Pro lege grege setting forth in your actions as many desires of peace clemencie fatth honestie and Christian piette as they doe of violence bitternesse and perfidie being banded against the Iustice of God The ende of the second Booke ⧠THE CONTENTS OF THE THIRD part of this Booke 1. The grauitie of Treason For what causes a Prince of the bloud may bee declared vncapable of the Crowne Abuse of the crime of treason The malice supposition of the leagued against those of the pretended reformed religion 2. A true exposition of the crime of treason The King neuer suspected the K. of Nauarre of treason An infallible argument of the King of Nauarres pietie 3. The house of Nauarre disceÌ„ded of the house of France The Originall of the K. of Nauarres grandfathers by both father and mother 4. The Capetz and Carliens come of the same stocke as Clouis and the Merouingiens 5. The Capetz and Carliens are of one famely The originall processe and genealogie of the Capets THE THIRD PART OF the Cath. Apologie THE third obiection that the seditious doe in their Libells disperse against the K. of Nauarre importeth him to be a rebel a traitor and a protector of Conspirators against the King and therefore an ennemy to the state and common wealth wherein hee is for those causes vnworthy to commaund 1 This obiection is not so small but that being well considered as it ought the grauitie of the offence will surpasse the discourse of our sences and vnderstandings For for that onely offence came death into the world and Adam was banished Paradise Also by humaine pollicy offenders therein being thereof conuâ—et and adiudged are vnworthy all successions especially in Empires Kingdomes or other dominions although the same should fall to them by the right of natural succession as doe ours For in this cace if the neerest of the bloud Royall should be found vnthanckefull and guilty not only against the King his Lord but also against the Estate common-wealth and Maiestie of the Crowne hee and his posteritie may be attaint conuict and adiudged for euer vnworthy the succession that nature and bloud had gotten him So was it iudged by a Court of Peers of France in the yere 1457. against Iohn the second Duke of Alencon in the presence of King Charles the seauenth in the towne of Vendosme notwithstanding the sayde Sentence was afterward abolished and the iudgement made void by Letters of restitution from King Lewes the eleueÌ„th entred published and registred in the Court of Parliament the Chambers assembled by the consent of the Kings Attorney generall Wherefore I can not with silence ouer skip such an accusation against the person of the sayd Lord King of Nauarre considering also the enormitie of such a scander against the sayde Prince who neuer had his owne life so deere or in such recommendation as the seruice honor and wealth of the Maiestie of our Kings and this Crowne as being the man whome it neerest concerneth and who hath greatest interest of all worldly parsons in the preseruation of this Estate as hauing the honor to looke so neere thereto But surely by this detestable and sclanderous discourse I see the miserie and calamitie of our France wherein withiâ— these 25. yeeres during the minority of our kings the mutinous seedes of quarels haue made at their pleasures forged Articles heads of Rebellion and crimes of Treason as they haue thought good y t therein as Tacitus said of y e Empire of Tiberius might be the perfection of all accusations imitating the continuall euill doings of Princes Counsailers vnder the pretence of their Maiesties seruice For it is found y t in the tyme of the said Tiberius this crime was comprehended vnder friuilous occasions as if any man had in selling of his land sould therwith the Image of Augustus or if hee had erected his owne Picture higher then the Emperors either had employed the same in any Domesticall vsage Nero put to death Cassius one of the most excellent men of his time vnder such a pretence and because hee bare the Picture of Cassius one of the murderers of Cesar in his Armes Caracalla so farre extended this crime that eueÌ„ those were accused who had made their Vrine in any place where the picture of the Prince was erected and this licence extended so farre that it was offence to the Maiestie to beate a slaue or chaunge aparell before the picture of the Emperour either to carie the same into any shamelesse or foule place veluti si latrinae aut lupanari intulisset To be brief in those daies the crime of treazon was defined in the closet and secrete will of the Monarke or his flatterers as Iuuenall testifieth Nil horuÌ„ verbosa grandis epistola venit A Capreis bene habet nil plus interrogo The like haue bene done in our miserable Realme when the conspired enemies of the Princes of the bloud Royall did gouerne the affayres of Estate vnder Frances the second and had afterward got holde of the person of King Charles the nineth whom they nourished in wonderfull and daungerous mistrust of his subiects whereof are proceeded so many murders massacres troubles and ciuill warres which wee haue seene and too much felt to the ruine of the subiects of this poore Fraunce by reason their Maiesties haue by these firebrands beene misenformed that the King of Nauarres partakers conspired against their Estate and refused to yeeld them that obedience which by Gods commaundement they ought and in respect thereof vnder this pretence did oftentymes cause them to be proclaymed Rebelles Traytors enemies to the Commonwealth Moreouer to make this mischiefe incurable because the innocencie of this people afflicted through the wrath and indignation of their Kinges was sufficiently knowne to their fellow couÌ„trymen fellow CitizeÌ„s these spirites of Satan haue sought to entaÌ„gle theÌ„ in partialities baÌ„diÌ„g one against an other thereby to vrge theÌ„ into irrecoÌ„siliable hatred and perpetuall mistrust whereof they might neuer conceiue cause of reunion through such excesse and iniuries as the one should doe to the other during the ciuill warres also that while the same continued themselues might haue opportunitie to practize the hearts of those whom they should finde most meete to receiue the obiect of their trayterous and disloyall ambition together that by this meanes they should diminish the loue of the people to their King perswading the most passionate that the fault was in him why Fraunce had no greater peace vnder which pretence they haue spued forth and by their creatures dispersed abroade an infinite number of diffamatorie Lybelles and more then sclaunderous discourses to the preiudice of the honor and reputation of our Prince whom neuerthelesse they went about to perswade that those of the pretended reformed Religion were the authors of these deceipts But the ende of their intents
Vnckle after the decease of Earle Robert because he was sonne to the elder who dyed afore his father True it is that for entering vpon the sayd Countie and taking vpon him the title of Earle before he had taken his oath done homadge to his Maiestie he was arrested at Paris and imprisoned in the Castle of Louure from whence he was soone after deliuered againe An other solemne arrest passed in the tyme of Phil. of Valois about the yeere 1328. for the Dutchie of Brittain by reason of the decease of Duke Iohn who dyed without issue leauing behind him his third brother Ih. Earle of Montfort and the daughter of his second brother Guy Vicountie of Limoges then wife to Charles Earle of Blois vnto whom by sentence of the Court the sayd Dutchie in the yerre 1341. was adiudged because Charles of Blois shewed y â— by the custumes of Brittaine the succession belonged to the eldest theÌ„ to the second and lastly to the third thereupon inferring that his wife daughter to the second did represent the same person But where the house of Montfort did afterward enioye the same Dutchie that came by vertue of a certaine agreement afterwarde made at the entrie of Charles the fifth in the yeere 1364. An other sentence passed in the tyme of Frances the 1. in the yeere 1517. for the Countie of Foix and other the landes belonging to the same famely betweene Odet of Foix Lord of Lautrect and Villemur and Henry of Albret King of Nauarre Grandfather to the King of Nauarre now raigning for Gaston of Foix and Eleanor of Nauarre had two sonnes Gaston the eldest and Iohn Vicountie of Narbonne the yonger Gaston dyed before both father and mother leauing suruiuours by his wife Lady Magdalem of Fraunce daughter to Charles the seauenth two children Philip Phebus and Ratherine whereupon their Vnckle Iohn Vicountie of Narbonne hauing maried the sister of King Lewes the 12. made suite against the sayde Phebus his neuewe pretending eldership by the decease of his brother Gaston The cause pleaded in the Court of Parliament was by the Counsaile compounded in the yere 1488 but soone after began againe by Gaston of Foix Duke of Nemours sonne to the sayde Iohn being in great fauour with his Vnkle King Lewes the 12. but because hee dyed at the battaile of Rauenna without issue it seemed this processe might haue ended but it fell out otherwise for Odet of Foix his Cossen and pretended heire tooke the same cause in hand against Katherin sister to the sayd Phebus deceased and proceeded so farre that by arrest of the Court in the yeere 1517. he was put by the sayd CouÌ„tie together with other the Lordships of the same famelic adiudged vnto Henry of Albret sonne to the sayde Katherine and his posteritie of whom as is aforesayd is discended the now Lorde King of Nauarre In England after the decease of Edward the third in the yeere 1378. Richard sonne to Edw. Prince of Wales was without contradiction crowned and preferred before his Vnckles the Dukes of Lancaster of Clarence of Glocester and Yorke but aboue twentie yeeres after for his euill behauiour and misgouernment he was deposed and his Cossen Henry sonne to Iohn Duke of Lancaster set vp in his place In Portugall King Alphons the fifth had two children Fernand and Henry who beeing the elder deceased before his father leauing a sonne named Iohn after the decease of the said Alphons the said Iohn commonly called Iohn the second whoÌ„ the common Histories doe falsly terme sonne to the sayd Alphons did peaceable enioye the Crowne from the yeere 1482. vnto the yeere 1495. when he dyed without issue and then his Cossen Emanuell sonne to Ferdinand succeeded him The sayd Emanuell hauing raigned 22. yeres among other children left his sonne Iohn the third who was crowned after him and Henry the Cardinal Iohn the 3. during his raigne had a sonne of the same name who dyed before his father leauing his wife with childe of Sebastien who after his Grandfather Iohn the 3. was preferred before his great Vnckle Henry brother to the sayd Iohn the 3. notwithstanding the sayde Sebastiens father was neuer King and that the said Henry might haue obiected the same but he raigned not vntill the sayd Sebastien dyed and left no issue which question sayth Tiraquell doth so resemble ours as one Bee may an other In Castile King Alphons the 10. had two sonnes the elder Ferdinand who maried Blanch daughter to S. Lewes and of her begat Ferdinand and Alphons The younger called Sanxi who seeing his elder brother dead and waying his neuewes right to the Realme could not tary the decease of his father the sayde Alphons but during his life time raised warres to the ende to procure himselfe to bee declared heire whereat this good olde man was so wrath that he accursed him Besides that the French King Phillip the third Vnckle by the mother to the sayde yong Princes after he had therevpon asked aduise of the wise men of his Realme led an armie vnto the frontiers of Spayne and had gone forward had not the Popes Legat lingered him with wordes together with the assurance which the sayde Alphons made him viz. that he would vpholde the right and cause of his sayd neuewes which neuerthelesse he soone after he forgat and sent out his Letter sealed with gold and his owne Image therein grauen to his subiects repugnant to the former and by meanes of the same by forcâ—establishâ—d Sanxi his seconde sonne so as the orphelins were not ouercome but with the sworâ— without any shewe of reason as the historie doe import In Sicill the like quarell being moued betweene the sonne and the neuewe of Agathocles in the extremitie of his sicknesse the neuewe by the will and iudgement of God ouerthrew his sayd Vnkle and remayning victor was King ouer the whole Land In Germany vpon the like controuersie vnder Henry the 3. after vnder Ottho the Great the histories doe report that the States of the Empire met and agreed that this debate should as the custome of that time required be ended by a coÌ„bat wherein the defendants of the cause of y â— neuew sonne to his brother y t would haue had his fathers roume were conquerors and thereupon the sayd Estates did so conclude and adiudge it More solemne also is the sentence which Licurgus the true Oracle of humaine wisedome gaue in his owne cause about the 17. Olimpiade in the time of Numa King of the Romaines for wee reade that his father Enomus King of the Lacedemonians had two sonnes Polidectes and Licurgus the first dyed before his father leauing his wife with childe Enomus dead Licurgus tooke the royall Diadem and kept it a fewe moneths vntill at a banquet among his friendes his neuewe the after borne was offered vnto him whome hee named Charilaus withall set the Crowne vpon his head To